LexBlog IP

AUGUST 15, 2023

§ 315(c) permits a petitioner to be joined to an AIA trial proceeding in which it is already a party and permits joinder of new issues to an existing proceeding under certain circumstances. The memo includes a discussion of the following topics, among others: Instances where the Board will not decide all appealed issues.

Patent Application 52

Patent Application Patent Designs Design 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Both Apotex and Celltrion moved for joinder with Mylan’s instituted petitions. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. and Celltrion, Inc. Institution Reviewability. Network-1 Techs v. Hewlett-Packard Co., 3d 1015 (Fed. Uniloc 2017 LLC v.

Reporting 52

Reporting Art Invention Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., The PTAB granted institution of both IPRs in November 2021.

Litigation 52

Litigation Settlement Patent Marketing 52